Split Sample Confirms Betamethasone Positive In Kentucky Derby Winner Medina Spirit

The New York Times reported Wednesday morning that a split sample from Bob Baffert-trained Medina Spirit, who crossed the wire first in this year's Kentucky Derby, has confirmed the presence of betamethasone. A statement from Baffert's lawyer, attorney Craig Robertson, said the confirmed concentration was 25 pg/ml.

One week after this year's Derby, Baffert told media that he had been informed initial testing on post-race samples from Medina Spirit had detected the corticosteroid, which is not permitted for use within 14 days of a race in Kentucky. At the time, split sample testing had not yet been completed to confirm the finding.

Attorney Clark Brewster, who represents Medina Spirit owner Amr Zedan, revealed that the University of California-Davis performed the split sample test, which was aimed at confirming or denying the original finding of Industrial Laboratories.

Learn more about split sample testing in this May 21 feature.

Brewster told writer Joe Drape that UC-Davis did not do any further analysis on the sample to see whether it contained other substances that could give clues as to the origins of the betamethasone. (This type of additional analysis is not typically part of a split sample test.) Brewster will request further analysis be done on the post-race samples by a different laboratory.

Robertson released the following statement, which indicated DNA testing would also be done on the sample:

“In response to the inquiries, this will acknowledge that the Medina Spirit split sample confirmed the finding of betamethasone at 25 picograms. There is other testing that is being conducted, including DNA testing. We expect this additional testing to confirm that the presence of the betamethasone was from the topical ointment Otomax and not an injection. At the end of the day, we anticipate this case to be about the treatment of Medina Spirit's skin rash with Otomax. We will have nothing further to say until the additional testing is complete.” 

Baffert initially told media he did not know why the horse had betamethasone in its system, and cast suspicion that he was a victim of some kind of tampering or sabotage. Two days later, he announced that Medina Spirit had been treated with a topical cream that contained betamethasone while treating a skin rash on the horse's hindquarters.

Betamethasone is a corticosteroid which is often used therapeutically to assist with reducing inflammation in equine joints, although it is also present in some topical applications like Otomax. Kentucky changed its regulations governing corticosteroid joint injections last August, pushing out the pre-race administration time to 14 days pre-race and removing the drug threshold from its code, meaning no level of the drug is acceptable in a post-race finding. (The commission said at the time that testing could not detect administrations farther than 14 days out.)

In the wake of the Santa Anita breakdowns, Kentucky was one of several states that began requiring private veterinarians to examine horses several days pre-race in addition to the traditional pre-race examination from commission veterinarians. Commission staff had expressed concern that additional pre-race veterinary exams taking place farther ahead of race time could be influenced by the anti-inflammatory effects of corticosteroids and non-steroidal anti-inflammatories.

Baffert has had multiple high-profile therapeutic drug positives in the past year and a half, including one in Kentucky for betamethasone after the rule change when Gamine tested positive following the Kentucky Oaks.

Read more at the New York Times

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Letters To The Editor: For The Love Of The Horse

I have been in racing for almost 50 years. I have been involved with horses my whole life, growing up on a dairy farm with various ponies and horses, fox hunting, three-day eventing, show hunters, etc. From the beginning, my only reason for riding has been my love for horses. I've always loved being around them at every level. My first memory of a race horse was looking at pictures of Swaps in the Blood-Horse magazine and thinking he was the most beautiful horse in the world.

As children we went to the Timonium Fair to watch the races, and dreamed of either owning, training, or riding a race horse. Little did I know all three of those dreams would come true! But, always, my first thoughts were of the beauty, grace, and generosity of the horse himself, and I felt it was my responsibility to treat him with the greatest respect and give him the best possible care. I came into racing at about age 21 as an exercise rider and then a trainer. I thank racing for the best moments of my life, from starting a horse in the Preakness (1980, second woman ever to do so), to having the honor of training for a few of the greatest names in American Racing (Calumet Farm, Greentree Stable, John Franks,  etc).

In racing I found my husband and some of my closest friends. Racing has a camaraderie which is impossible to explain to the layman. In a business where we spend most of the day, every day, no matter the weather, our health, or any possible extenuating circumstances, with the horses, it isn't hard to understand the closeness of its people. So, a sport which has given so much to me, and to which I have given almost my entire life, is breaking my heart with what it has become. I know that, in any business, when money is involved, things can become very complicated. Racing is no different. People have enormous amounts of money invested, and, understandably, would like to see some return on investment.

Unfortunately, when dealing with a living, breathing animal things don't always go according to plan. I think that many of the owners and trainer have forgotten what the game was intended to be about. Which is, first and foremost, the love and respect for the horse himself, and, secondly, the love of the sport itself. Love for the horse and love for the sport could easily go hand in hand, but it would mean putting the welfare of the horse first and understanding that the result might not always be the intended one. I have always advised prospective owners to invest only as much money as they can afford to lose. Look at it as a game, not as a business.

It seems to me that trainers, succumbing to pressure from owners who are looking for return on investment, often follow practices that they know are wrong in hopes of a better outcome. From a lifetime of experience I can say for certain, it just doesn't work that way.

When I first came around, we would call a veterinarian for a horse who was either hurt or sick. Period. Trainers cared for their horses through their training routines, feeding programs, and lots of hard work on their legs. There was no Lasix, no Bute, and very few other drugs permitted to run on. We relied on our ability to read the horse, figure out what he needed, and enter in the “right spot.” The rest was between the rider and the horse. In today's world of super trainers with hundreds of horses, most of whom they never even see, relying on assistants to tell them what's what, owners spending millions of dollars looking for that fifteen minutes of fame, and bettors becoming increasingly distrustful of the whole business,  it is no wonder we are in so much trouble!

Sadly, there are still so many of us who really care for our horses. Sad because we are getting squeezed out by the ones who may truly love the sport, but have entirely forgotten the horse. In conclusion, with the whole world breathing down our necks, it is up to us to clean up our act. I would beg the authorities in all racing jurisdictions to hold the feet of every trainer, owner,  jockey, groom and hot walker to the fire. No matter the prestige of the race or the winning connections, everyone must be treated equally.  No one is outside the law.   

– Judith Natale, Thoroughbred owner, breeder, trainer

The extraordinary efforts of the Water Hay Oats Alliance, the Coalition for Horse Racing Integrity, the Humane Society of the United States, Animal Wellness Action and Representatives Paul Tonko and Andy Barr are paying dividends a full year ahead of the establishment of a Horseracing Integrity and Safety Authority (HISA) office. I see it in the bold rulings (temporary or permanent) by the New York Racing Association, Churchill Downs and the Kentucky and New York racing commissions. It's not too late to get on the right side of history before dealing with an investigative organization that will operate under the aegis of the federal government. An oversight body will finally have nationwide clout and every bad actor in our game – no matter how big, as we've seen this week – should be terrified.

If you're waiting for this to go away, it won't. It's as if 2021 is a last chance to start fresh. Cheaters, think twice. It's clear to me that just the existence of HISA will make horse racing safer for horses and fairer to the people who bet on them.

– Allen Gutterman, Member, HSUS Horseracing Integrity Act Council

The May 14 news article, “Horseplayers Sue Baffert, Zedan Racing Over Medina Spirit Drug Test,” illustrates how the horse racing industry has failed to clean up its act even after Congress passed the historic Horseracing Integrity and Safety Act (HISA) in December to curb the rampant use of performance-enhancing drugs.

Hall of Fame trainer Bob Baffert has finally apologized for initially denying (vehemently) that the corticosteroid betamethasone was administered to Kentucky Derby winner Medina Spirit – the fifth time one of his horses failed a drug test since May 2, 2020. Meanwhile, HISA is facing legal challenges by racing business interests and the states of Oklahoma and West Virginia; all oppose stricter drug-monitoring standards. Yet performance-enhancing drugs push thousand-pound animals to compete past their physical limits while masking pain, inflammation and other warning signs that precede catastrophic breakdowns. Indeed, the number of race horse deaths in the United States far exceeds that of other racing jurisdictions around the world.

The public must demand more transparency and accountability from the racing industry.

– Joanna Grossman, Ph.D., equine program manager and senior advisor for the Animal Welfare Institute in Washington, D.C.

I am writing as a lifelong fan of horse racing. I fell in love with the sport when I was six years old when I saw my first Kentucky Derby on TV. Even on our old black and white set in 1969, Majestic Prince was a magnificent creature. I was in first grade and just learning to read, but I begged my dad to buy me Turf and Sport Digest every month because of the wonderful color photos on each month's cover.

Love affairs with champions like Secretariat, Ruffian, Forego, Slew o' Gold, Seattle Slew, Affirmed, Easy Goer, Personal Ensign, My Flag, and Elate have intensified my love of the horses and the history of this lovely sport.

I then began writing on a freelance basis–in The Blood-Horse, Thoroughbred Times, SPUR, the Thoroughbred Heritage website, and chapters for the book Great Thoroughbred Sires of the World (2006).

This love for these wonderful creatures has made me livid at the antics of Bob Baffert. In my opinion, he should not be called the “face of Thoroughbred racing” as some racing pundits call him, but he should be called the “blight on Thoroughbred racing.”

When racing went through such scrutiny because of the tragic fatalities at Santa Anita, the disqualification of Maximum Security in the 2019 Kentucky Derby, it did not need the litany of drug violations and outrageous excuses from the sport's highest-profile trainer.

Leaving aside Justify's scopolamine positive test debacle, the fact remains this man has had nearly 30 reported medication violations in his career. It is outrageous, and the fact Baffert has had only slaps on the wrist, is disgusting.

Let's take the excuses. Gamine and Charlatan were being handled by an assistant using a pain patch and the horses were “contaminated” that way. Merneith tested positive for dextromethorphan and his excuse was beyond belief. He had workers who had had COVID and were taking cough medicine and she had to have been contaminated from that.

And now this? We go from we never gave Medina Spirit any medication to self-pitying why is this happening to me, to it's part of the “cancel culture” movement, to “I'm a Hall of Fame trainer and people are jealous and resentful of me,” to, oh yeah, we gave the horse the medicine for a skin rash and we were not aware what was in it.

If I were an owner and had a horse I had paid a million dollars for, it and had it in his care, I would want to know what medication that horse was being given and why. I would be very leery of a man who gives meds without supposedly knowing what is in it. I would be leery of a man who supposedly has a groom so disgusting as to pee on hay and feed it to the horses. I would be leery of a man who promised to do better on national TV and then failed to follow through.

And I would be leery of a man who does not have the character to admit that the buck stops with him and that everything that goes on in his stable is his responsibility and his alone.

In short, I would remove my horse from that man's care, which I hope owners do, as Spendthrift Farm has done.

Baffert thinks he is so famous that he is above the rules and regulations of the sport, and sadly, the powers that be have reinforced that by only giving him minor penalties. Churchill Downs may have banned him – for now – but it is a given he will be back at the Derby next year.

We need the Horseracing Safety and Integrity Act implemented immediately. Baffert can complain all he wants about what he feels is the absurd testing of picograms of medications. But these rules were put in place for the safety of the horses and the integrity of the sport. If Bob Baffert thinks this is ridiculous, then he has no respect for the integrity of the sport and he should find another line of work – perhaps used car salesman.

Racing is not just about wins and losses and betting. It's about people like me who love the animal and the beauty of them and the history of the great ones of the past and present. Racing is a glorious sport and does not deserve to be sullied by people who care only about winning at all costs and not the equine athletes in their charge.

– Elizabeth Martiniak, racing fan

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Baffert Handed Temporary Suspension From NYRA Tracks

The New York Racing Association, Inc. (NYRA) today announced the temporary suspension of Bob Baffert from entering horses in races and occupying stall space at Belmont Park, Saratoga Race Course and Aqueduct Racetrack.

“In order to maintain a successful Thoroughbred racing industry in New York, NYRA must protect the integrity of the sport for our fans, the betting public and racing participants,” said NYRA President and CEO Dave O'Rourke. “That responsibility demands the action taken today in the best interests of Thoroughbred racing.”

On Sunday, May 9, 2021, Mr. Baffert publicly acknowledged that the Kentucky Derby winner Medina Spirit tested positive for betamethasone, a banned corticosteroid that would trigger a disqualification and loss of purse money should a split sample return the same finding. The Kentucky Horse Racing Commission is required to await the split-sample results before rendering a final determination in the matter.

In addition to the ongoing investigation into Medina Spirit's victory in the Kentucky Derby, NYRA has taken into account the fact that other horses trained by Mr. Baffert have failed drug tests in the recent past, resulting in the assessment of penalties against him by thoroughbred racing regulators in Kentucky, California, and Arkansas.

During the temporary suspension, NYRA will not accept entries or provide stall space to any individual employed by Bob Baffert Racing Stables.

NYRA expects to make a final determination regarding the length and terms of Mr. Baffert's suspension based on information revealed during the course of the ongoing investigation in Kentucky, such as the post-Kentucky Derby test results of Medina Spirit.

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NYRA Suspends Baffert

There was more bad news for Bob Baffert Monday, as the New York Racing Association announced that it has temporarily suspended the trainer, which means he will not be allowed to enter any horses at NYRA tracks or occupy stall space.

“In order to maintain a successful thoroughbred racing industry in New York, NYRA must protect the integrity of the sport for our fans, the betting public and racing participants,” NYRA President and CEO Dave O'Rourke said in a statement. “That responsibility demands the action taken today in the best interests of thoroughbred racing.”

While Baffert was not planning on running any of his horses in the GI Belmont S., he was aiming Charlatan (Speightstown) for the GI Hill 'n' Dale Metropolitan H., run the same day as the Belmont. In most years, Baffert has also had starters during the Saratoga meet. It was not immediately known whether or not Charlatan or any other horses now trained by Baffert can run at the NYRA tracks for other trainers.

NYRA has joined Churchill Downs as tracks that are no longer accepting entries from Baffert. After agreeing to a number of conditions, including pre-race drug tests, Baffert was allowed to compete in the GI Preakness S. and other weekend stakes at Pimlico, by the track's owner, The Stronach Group. Medina Spirit (Protonico) ran third in the Preakness and stablemate Concert Tour (Street Sense) finished a well-beaten ninth.

In a response to TDN via email, Baffert's attorney, W. Craig Robertson, said: “I am just now reviewing the NYRA decision and then I will discuss it with Bob, along with all of his legal options.  No formal statement or decision until both of those take place.”

Baffert's troubles began when he announced that he had been informed by the Kentucky Racing Commission that Medina Spirit had tested positive for the banned medication betamethasone, which is a corticosteroid. The betamethasone positive cannot be officially confirmed until after a split sample has been tested. Baffert has admitted that Medina Spirit was treated with an anti-fungal ointment which contains betamethasone.

NYRA acknowledged that, when making the decision, it took under consideration that Baffert has had numerous positives over the last several months.

“In addition to the ongoing investigation into Medina Spirit's victory in the Kentucky Derby, NYRA has taken into account the fact that other horses trained by Mr. Baffert have failed drug tests in the recent past, resulting in the assessment of penalties against him by thoroughbred racing regulators in Kentucky, California, and Arkansas,” read NYRA's statement.

NYRA called the suspension “temporary” and said it will make a final determination based on information revealed during the course of the ongoing investigation in Kentucky, such as the post-Kentucky Derby test results of Medina Spirit.

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